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91_HB1392eng HB1392 Engrossed LRB9101662RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-4. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 12-4 as follows: 7 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 8 Sec. 12-4. Aggravated Battery. 9 (a) A person who, in committing a battery, intentionally 10 or knowingly causes great bodily harm, or permanent 11 disability or disfigurement commits aggravated battery. 12 (b) In committing a battery, a person commits aggravated 13 battery if he or she: 14 (1) Uses a deadly weapon other than by the 15 discharge of a firearm; 16 (2) Is hooded, robed or masked, in such manner as 17 to conceal his identity; 18 (3) Knows the individual harmed to be a teacher or 19 other person employed in any school and such teacher or 20 other employee is upon the grounds of a school or grounds 21 adjacent thereto, or is in any part of a building used 22 for school purposes; 23 (4) Knows the individual harmed to be a supervisor, 24 director, instructor or other person employed in any park 25 district and such supervisor, director, instructor or 26 other employee is upon the grounds of the park or grounds 27 adjacent thereto, or is in any part of a building used 28 for park purposes; 29 (5) Knows the individual harmed to be a caseworker, 30 investigator, or other person employed by the State 31 Department of Public Aid, a County Department of Public HB1392 Engrossed -2- LRB9101662RCks 1 Aid, or the Department of Human Services (acting as 2 successor to the Illinois Department of Public Aid under 3 the Department of Human Services Act) and such 4 caseworker, investigator, or other person is upon the 5 grounds of a public aid office or grounds adjacent 6 thereto, or is in any part of a building used for public 7 aid purposes, or upon the grounds of a home of a public 8 aid applicant, recipient, or any other person being 9 interviewed or investigated in the employee's discharge 10 of his duties, or on grounds adjacent thereto, or is in 11 any part of a building in which the applicant, recipient, 12 or other such person resides or is located; 13 (6) Knows the individual harmed to be a peace 14 officer, a community policing volunteer, a correctional 15 institution employee, or a fireman while such officer, 16 volunteer, employee or fireman is engaged in the 17 execution of any official duties including arrest or 18 attempted arrest, or to prevent the officer, volunteer, 19 employee or fireman from performing official duties, or 20 in retaliation for the officer, volunteer, employee or 21 fireman performing official duties, and the battery is 22 committed other than by the discharge of a firearm; 23 (7) Knows the individual harmed to be an emergency 24 medical technician - ambulance, emergency medical 25 technician - intermediate, emergency medical technician - 26 paramedic, ambulance driver or other medical assistance 27 or first aid personnel engaged in the performance of any 28 of his or her official duties, or to prevent the 29 emergency medical technician - ambulance, emergency 30 medical technician - intermediate, emergency medical 31 technician - paramedic, ambulance driver, or other 32 medical assistance or first aid personnel from performing 33 official duties, or in retaliation for performing 34 official duties; HB1392 Engrossed -3- LRB9101662RCks 1 (8) Is, or the person battered is, on or about a 2 public way, public property or public place of 3 accommodation or amusement; 4 (9) Knows the individual harmed to be the driver, 5 operator, employee or passenger of any transportation 6 facility or system engaged in the business of 7 transportation of the public for hire and the individual 8 assaulted is then performing in such capacity or then 9 using such public transportation as a passenger or using 10 any area of any description designated by the 11 transportation facility or system as a vehicle boarding, 12 departure, or transfer location; 13 (10) Knowingly and without legal justification and 14 by any means causes bodily harm to an individual of 60 15 years of age or older; 16 (11) Knows the individual harmed is pregnant; 17 (12) Knows the individual harmed to be a judge whom 18 the person intended to harm as a result of the judge's 19 performance of his or her official duties as a judge; 20 (13) Knows the individual harmed to be an employee 21 of the Illinois Department of Children and Family 22 Services engaged in the performance of his authorized 23 duties as such employee; 24 (14) Knows the individual harmed to be a person who 25 is physically handicapped;or26 (15) Knowingly and without legal justification and 27 by any means causes bodily harm to a merchant who detains 28 the person for an alleged commission of retail theft 29 under Section 16A-5 of this Code. In this item (15), 30 "merchant" has the meaning ascribed to it in Section 31 16A-2.4 of this Code; or.32 (16) Knows the individual harmed to be a nurse, 33 physician, or other health care worker and the nurse, 34 physician, or other health care worker is, at the time of HB1392 Engrossed -4- LRB9101662RCks 1 the commission of the battery, in a building or in any 2 part of a building, on the grounds of a building, or on 3 grounds adjacent to a building used as a hospital, 4 nursing home, shelter care home, or other health care 5 facility. 6 For the purpose of paragraph (14) of subsection (b) of 7 this Section, a physically handicapped person is a person who 8 suffers from a permanent and disabling physical 9 characteristic, resulting from disease, injury, functional 10 disorder or congenital condition. 11 (c) A person who administers to an individual or causes 12 him to take, without his consent or by threat or deception, 13 and for other than medical purposes, any intoxicating, 14 poisonous, stupefying, narcotic, anesthetic, or controlled 15 substance commits aggravated battery. 16 (d) A person who knowingly gives to another person any 17 food that contains any substance or object that is intended 18 to cause physical injury if eaten, commits aggravated 19 battery. 20 (e) Sentence. 21 Aggravated battery is a Class 3 felony. 22 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98; 23 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)